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Year: 2019

LEGAL DEVELOPMENTS ALERT: Supreme Court Addresses False Claims Act Statute of Limitations

The U.S. Supreme Court issued a unanimous decision in Cochise Consultancy, Inc., et al. v. United States ex rel. Hunt, addressing conflicting decisions on the False Claims Act statute of limitations and expanding the time allowed for private party relators to file whistleblower lawsuits.  The decision increases the risk that government contractors may be subject to qui tam claims brought as many as ten years after the alleged violation, including by relators who may have chosen not to act on their own knowledge, provided that the relator can prove that government agent had or should have had knowledge of the alleged false claim.

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Vincent Li has joined Smith Pachter McWhorter’s White Collar Practice Group

NEW ATTORNEY ANNOUNCMENT: Vincent Li has joined Smith Pachter McWhorter’s White Collar Practice Group

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LEGAL DEVELOPMENTS ALERT: DOJ Issues Guidance on False Claims Act Matters

On May 7, 2019, the Civil Division of the Department of Justice (“DOJ”) released guidance to its litigators related to the False Claims Act (“FCA”).  This guidance establishes DOJ policy regarding credit to defendants cooperating during an FCA investigation and is included in the Justice Manual at Section 4-4.112.  The new policy sets forth the factors long relied on by DOJ, describing voluntary disclosure, cooperation with a government investigation, and remedial action as the primary means through which an FCA defendant can obtain credit.  For government contractors that find themselves potentially subject to FCA liability – whether identified through an internal investigation or receipt of a subpoena – the guidance provides a useful framework to think through potential responses.
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Event: NCMA DC Special Programs: Price/Cost Realism in Federal Procurement

SPM EVENT: On Tuesday, May 28, 2019 SPM Member Armani Vadiee and Todd M. Garland will present at the National Contract Management Association, Washington DC chapter event regarding price/cost realism evaluations and preparing successful proposals.

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LEGAL DEVELOPMENTS ALERT: John S. Pachter and Todd M. Garland Submit Amici Curiae Brief to Armed Services Board of Contract Appeals on Behalf of Professional Services Council and National Defense Industrial Association

LEGAL DEVELOPMENTS ALERT: John S. Pachter and Todd M. Garland authored an amici curiae brief on behalf of the Professional Services Council and National Defense Industrial Association, urging the Armed Services Board of Contract Appeals to reconsider its decision in Kellogg Brown & Root Services, Inc., ASBCA No. 57530, 19-1 BCA ¶ 37,205.
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LEGAL DEVELOPMENTS ALERT: OFCCP Announces 2019 Contractor Compliance Audits

LEGAL DEVELOPMENTS ALERT: OFCCP Announces 2019 Contractor Compliance Audits

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LEGAL DEVELOPMENTS ALERT: U.S. Supreme Court to Hear Case Involving FOIA Exemption for Commercial and Proprietary Information

LEGAL DEVELOPMENTS ALERT: U.S. Supreme Court to Hear Case Involving FOIA Exemption for Commercial and Proprietary Information
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LEGAL DEVELOPMENTS ALERT: U.S. Attorney Jessie Liu Appointed Chairwoman of the Attorney General's Advisory Committee

LEGAL DEVELOPMENTS ALERT: U.S. Attorney Jessie Liu Appointed Chairwoman of the Attorney General's Advisory Committee
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Smith Pachter McWhorter Attorney Receives ABA Public Contract Law Journal Writing Award

Smith Pachter McWhorter's Dan Ramish recently tied for first place in the American Bar Association's 2018 Public Contract Law Journal (PCLJ) Writing Competition, Division II (LLM and Young Lawyers).
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LEGAL DEVELOPMENTS ALERT: Assistant Attorney General Brian A. Benczkowski Promotes Transparency with the Business Community

LEGAL DEVELOPMENTS ALERT: Assistant Attorney General Brian A. Benczkowski Promotes Transparency with the Business Community

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Government Contracting Small Business Trends: Business Issues, Protests and Appeals

On May 7, 2019 Smith Pachter McWhorter attorney Jonathan Shaffer will present a panel/webinar on federal small business contracting issues at the District of Columbia Bar.
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LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance

LEGAL DEVELOPMENTS ALERT: DOD Issues Several Memos on Cybersecurity Compliance
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LEGAL DEVELOPMENTS ALERT: GAO Issues Report on DCAA and DCMA Business System Audits

LEGAL DEVELOPMENTS ALERT: GAO Issues Report on DCAA and DCMA Business System Audits
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Recent Decisions Bode Well For False Claims Act Defendants

In two articles, John S. Pachter and Todd M. Garland discuss recent False Claims Act trends.

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LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects

LEGAL DEVELOPMENTS ALERT: Presidential Executive Order on Strengthening Buy American Preferences for Infrastructure Projects

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Smith Pachter McWhorter's False Claims Act Practice Guide: 2019

Smith Pachter McWhorter PLC is pleased to present the 2019 edition of its False Claims Act Practice Guide

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Michael Lowman has joined Smith Pachter McWhorter’s White Collar Practice Group

NEW ATTORNEY ANNOUNCMENT: Michael Lowman has joined Smith Pachter McWhorter’s White Collar Practice Group
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